Education Act 1996

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433 Time for admission of pupils.

(1) Section 14 (which requires a local authority to secure that sufficient schools for providing primary and secondary education are available for their area) shall not be construed as imposing any obligation on the proprietor of a school to admit children as pupils otherwise than at the beginning of a school term. (2) Where, however, a child was prevented from entering a school at the beginning of a term— (a) by his being ill or by other circumstances beyond his parent’s control, or (b) by his parent’s having been then resident at a place from which the school was not accessible with reasonable facility, the school’s proprietor is not entitled by virtue of subsection (1) to refuse to admit him as a pupil during the currency of the term. (3) In cases where subsection (2) does not apply, the governing body of a school maintained by a local authority shall comply with any general directions given by the authority as to the time of admission of children as pupils. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Despite section 7 (duty of parent of child of compulsory school age to cause him to receive full-time education), a parent is not under a duty to cause a child to receive full-time education during any period during which, having regard to subsections (1) and (2), it is not practicable for the parent to arrange for him to be admitted as a pupil at a school.

434 Registration of pupils.

(1) The proprietor of a school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars in respect of all persons who are pupils at the school. (2) Without prejudice to the generality of subsection (1), the prescribed particulars shall include particulars of the name and address of every person known to the proprietor to be a parent of a pupil at the school. (3) The regulations shall prescribe the grounds on which names are to be deleted from a register kept under this section; and the name of a person entered in such a register as a pupil at a school— (a) shall, when any of the prescribed grounds is applicable, be deleted from the register on that ground; and (b) shall not be deleted from the register otherwise than on any such ground. (4) The regulations may make provision— (a) for enabling registers kept under this section to be inspected; (b) for enabling extracts from such registers to be taken for the purposes of this Act by persons authorised to do so under the regulations; and (c) for requiring the person by whom any such register is required to be kept to make to— (i) the Secretary of State, and (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) local authorities , such periodical or other returns as to the contents of the register as may be prescribed. (5) In this Act— “registered pupil”, in relation to a school, means a person registered as a pupil at the school in the register kept under this section; and “registered”, in relation to the parents of pupils at a school or in relation to the names or addresses of such parents or pupils, means shown in that register. (6) A person who contravenes or fails to comply with any requirement imposed on him by regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

434A Local authority consent for withdrawal of certain children from school

(1) A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends— (a) that the child should cease to attend the school at which the child is a registered pupil, and (b) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school. (2) A child is a “relevant child” for the purposes of this section if— (a) the child is of compulsory school age, (b) the child is a registered pupil at a school, and (c) condition A or condition B is met in respect of the child. (3) Condition A is that the child became a registered pupil under arrangements made by a local authority at— (a) a special school within the meaning of section 337, or (b) an independent school within the meaning of section 463 which— (i) in the case of a school in England, is specially organised to make special educational provision for pupils with special educational needs; (ii) in the case of a school in Wales, is wholly or mainly concerned with providing full-time education to persons for whom an individual development plan is maintained. (4) Condition B is that a local authority is— (a) conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or (b) taking action under section 47(8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which an application is made under subsection (6). (5) Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify— (a) the local authority responsible for the area in which the school is located, and (b) the local authority responsible for the child, if different from the local authority mentioned in paragraph (a). (6) If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority— (a) must decide without undue delay whether to grant consent, and (b) must refuse consent if the local authority considers— (i) that it would be in the child’s best interests to receive education by regular attendance at school, or (ii) that no suitable arrangements have been made for the education of the child otherwise than at school, but otherwise must grant consent. (7) An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent. (8) The relevant local authority must serve notice of the decision under subsection (6) on— (a) the parent who made the application, or on whose behalf the application was made, (b) any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and (c) the proprietor of a school at which the relevant child is a registered pupil. (9) Regulations under section 434— (a) must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted consent under this section in respect of that child, and (b) may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6). (10) If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)— (a) the parent may refer the question to— (i) the Secretary of State, in relation to a local authority in England, and (ii) the Welsh Ministers, in relation to a local authority in Wales, and (b) the Secretary of State or the Welsh Ministers (as the case may be) may— (i) uphold the decision of the local authority, or (ii) refer the question back to the local authority to determine. (11) If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)— (a) the parent may refer the question to— (i) the Secretary of State, in relation to a local authority in England, and (ii) the Welsh Ministers, in relation to a local authority in Wales, and (b) the Secretary of State or the Welsh Ministers (as the case may be) may— (i) give such direction determining the question as the Secretary of State considers, or the Welsh Ministers consider, appropriate, or (ii) refer the question back to the local authority to determine. (12) If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application. (13) In this section, a “relevant local authority”, in relation to a relevant child, means— (a) where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3); (b) where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4); (c) where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).

434B Mandatory local authority meetings prior to withdrawal of child from school

(1) The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide— (a) that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends— (i) that the child should cease to attend the school at which the child is a registered pupil, and (ii) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school, (b) that the local authority must ensure that the following matters are discussed with the parent during the meeting— (i) the duty of parents under section 7 and how the parent plans to meet this duty; (ii) the duties of the local authority, including the support duty under section 436G; (iii) the parent’s reasons for considering that the child should receive education otherwise than at school; (iv) any support needs that the child may have and how those needs could be met; (v) the safeguarding and welfare of the child; (vi) anything else relevant to the decision to withdraw the child from school, (c) that the child must attend the meeting unless exceptional circumstances apply, (d) that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance, (e) that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and (f) that the local authority must record the outcome of the meeting or whether the meeting was refused. (2) The “relevant period” is the period of two years beginning with the day on which section 37 of the Children’s Wellbeing and Schools Act 2026 comes fully into force. (3) The regulations must also specify— (a) the local authorities in respect of which the pilot scheme will operate, and (b) the period for which the scheme has effect. (4) The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be. (5) The period specified under subsection (3)(b) must not be less than two years and must not exceed five years. (6) The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations. (7) The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate. (8) The provision that may be made by virtue of subsection (7) includes— (a) provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A; (b) provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section. (9) Subject to subsection (10), the appropriate national authority may by regulations— (a) make provision to end the pilot scheme; (b) provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations; (c) amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations; (d) make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate. (10) Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than two years. (11) Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate. (12) In this section “appropriate national authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers. (13) If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

435 Withdrawal of pupils from a primary school for secondary education.

A local authority may make arrangements in respect of a primary school maintained by them (other than one that is for the time being organised for the provision of both primary and secondary education) under which any registered pupils who are under the age of 12 but have attained the age of 10 years and six months may be required to be withdrawn from the school for the purpose of receiving secondary education.

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436A Duty to make arrangements to identify children not receiving education

(1) A local authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but— (a) are not registered pupils at a school, and (b) are not receiving suitable education otherwise than at a school. (2) In exercising their functions under this section a local authority must have regard to any guidance given from time to time by the Secretary of State. (3) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales).

436B Duty to register children not in school

(1) A local authority must maintain a register of children who are eligible to be registered by the authority under this section. (2) A child is eligible to be registered by a local authority under this section if conditions A to C are met. (3) Condition A is that the child lives in the authority’s area. (4) Condition B is that the child is of compulsory school age. (5) Condition C is that— (a) the child is not a registered pupil or a student registered at a relevant school, (b) the child is a registered pupil or a student registered at a relevant school but the proprietor of the school has arranged or agreed that— (i) the child will receive education otherwise than at that or any other relevant school, and (ii) the child will be absent for some or all of the time when a child receiving full-time education at a relevant school would normally be expected to attend, or (c) the child is a student registered at a relevant school falling within subsection (7)(d) but attends that school on a part-time basis, and is not also a registered pupil or a student registered at a different relevant school. (6) Regulations may make provision— (a) for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c); (b) for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section. (7) In this section “relevant school” means— (a) a school maintained by a local authority, (b) a non-maintained special school (within the meaning given by section 337A), (c) an Academy school or alternative provision Academy, (d) an institution within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years, (e) an independent educational institution within the meaning of section 92(1) of the Education and Skills Act 2008, that is registered under section 95 of that Act (register of independent educational institutions), (f) a school that is included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002), or (g) a school within the meaning of section 135(1) of the Education (Scotland) Act 1980. (8) Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority— (a) must consider where the child lives, and (b) may request the child’s parent to allow the local authority to visit the child inside any of the homes in which the child lives. (9) If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H. (10) Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(g) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.

436C Content and maintenance of registers

(1) A register under section 436B must contain the following information in respect of a child registered in it— (a) the child’s name, date of birth and home address, and if the child has lived at their current address for less than 12 months, their previous address; (b) any additional address if the child lives at more than one address; (c) the name and home address of each parent of the child; (d) the name of each parent who is providing education to that child; (e) an estimate of the overall total amount of time that the child spends receiving education from parents of the child; (f) an estimate of the overall total amount of time that the child spends receiving education from persons other than parents of the child; (g) if a particular provider other than the child’s parent is providing education to the child for more than the prescribed amount of time— (i) the name and address of the provider; (ii) a description of the type of provider that it is; (iii) the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually; (iv) an estimate of the total amount of time that the child spends receiving that education and an estimate of the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child. (2) To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed— (a) the child’s protected characteristics (within the meaning of the Equality Act 2010); (b) in the case of a child who is in the area of a local authority in England, whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child; (c) in the case of a child who is in the area of a local authority in Wales, whether the child has any additional learning needs, including whether an individual development plan is maintained for the child; (d) any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section; (e) whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act; (f) whether the child has ever been assessed as having needs for care and support for the purposes of Part 4 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 32(1) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part (or Part 4 or 5 of the Children Act 1989) and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by or under that Part (or Part 4 or 5 of the Children Act 1989); (g) whether the child is or has ever been looked after by a local authority in England (within the meaning of section 22 of the Children Act 1989) or in Wales (within the meaning of section 74 of the Social Services and Well-being (Wales) Act 2014); (h) the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so; (i) whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school; (j) the school or institution or the type of school or institution (if any) that the child attends or has attended in the past; (k) whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided; (l) any actions that have been taken by a local authority in relation to the child under sections 436I to 436Q (school attendance orders); (m) whether— (i) in the case of a child in England, the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act, or (ii) in the case of a child in Wales, the child is a carer (within the meaning of “child” and “carer” given by section 3 of the Social Services and Well-being (Wales) Act 2014); (n) whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(8) or (9), or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions; (o) any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers, or the Welsh Ministers consider (as the case may be), should be included in the register for the purposes of promoting or safeguarding the education or welfare of children. (3) A register under section 436B may also contain any other information the local authority considers appropriate. (4) Regulations may, in relation to a register under section 436B, make provision about— (a) how a local authority must maintain the register, including provision relating to— (i) how the register is to be kept up-to-date; (ii) the making of changes to the register; (b) the form of the register; (c) publication of the register; (d) registration forms; (e) how amounts of time and estimates of amounts of time are to be calculated and recorded for the purposes of subsection (1)(e), (f) and (g)(iv); (f) publicising the register and duties of persons in relation to the register. (5) No information from a register under section 436B may be published, or made accessible to the public, in a form— (a) which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or (b) from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information. (6) In subsection (1)(g), “prescribed amount of time” means an amount of time prescribed— (a) by reference to a number of hours in, or a proportion of, a week or other period; (b) by reference to a proportion of the time a child spends receiving education; (c) in any other way.

436E Provision of information to local authorities: education providers

(1) This section applies where a local authority reasonably believes that— (a) a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and (b) the child is, or is eligible to be, registered by the authority under section 436B. (2) In this section— (a) “out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B); (b) “prescribed amount of time” means an amount of time prescribed— (i) by reference to a number of hours in, or a proportion of, a week or other period; (ii) by reference to a proportion of the time a child spends receiving education; (iii) in any other way. (3) The authority may by notice require the person— (a) to confirm whether or not the person is providing out-of-school education as mentioned in subsection (1)(a) to any child living in England or Wales (whether or not that child lives in the authority’s area) or has provided such education at any time during the period of three months ending with the date of the notice, and (b) to provide the authority with the following information in relation to any child living in England or Wales (whether or not that child lives in the authority’s area) to whom they are providing such education, or to whom they have provided such education during that three month period— (i) the child’s name, date of birth and home address, (ii) the total amount of time that they provide such education to the child, and (iii) the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child. (4) A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)). (5) Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice. (6) The “specified period” is the period, specified in the notice that— (a) is at least 15 days, and (b) begins with the day on which the notice is served. (7) Regulations may provide for exceptions to the duty in subsection (5). (8) Where a local authority is satisfied that a person on whom a notice under subsection (3) is served has— (a) failed to comply with their duty under subsection (5), or (b) provided incorrect information in response to the notice, the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A. (9) The amount of the monetary penalty is to be the prescribed amount. (10) Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of three months beginning with the day on which section 38 of the Children’s Wellbeing and Schools Act 2026 comes into force.

436F Use of information in the register

(1) A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information). (2) The Secretary of State or the Welsh Ministers may provide information received under subsection (1) to a prescribed person if the Secretary of State considers or the Welsh Ministers consider (as the case may be) it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of— (a) the child to whom the information relates, or (b) any other person under the age of 18. (3) A local authority may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of— (a) the child, or (b) any other person under the age of 18. (4) For the purposes of subsection (3), the persons are— (a) a person listed in section 11(1) or 28(1) of the Children Act 2004 (arrangements to safeguard and promote welfare); (b) Ofsted, meaning— (i) the Office for Standards in Education, Children’s Services and Skills, and (ii) His Majesty’s Chief Inspector of Education, Children’s Services and Skills; (c) His Majesty’s Chief Inspector of Education and Training in Wales; (d) the Welsh Ministers. (5) Where a local authority becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority, the local authority— (a) must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and (b) may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3). (6) Where a local authority in Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England or Wales, the local authority receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of— (a) the child to whom the information relates, (b) any other person under the age of 18. (7) A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. (8) A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

436I School attendance orders

(1) A local authority must serve an order under this section on a child’s parent if— (a) the authority has served a preliminary notice on the child’s parent under section 436H , (b) the child’s parent fails to satisfy the local authority, within the period specified in the notice, that— (i) the child is receiving suitable education, in a case where condition A, C or D is cited in the notice, (ii) it is in the best interests of the child to receive education otherwise than by regular attendance at school, in a case where condition B is cited in the notice, and (c) in the opinion of the authority it is expedient that the child should attend school. (2) But a local authority must not serve an order under this section on a child’s parent if— (a) either— (i) condition B was the only condition cited in the preliminary notice served under section 436H in relation to the child, or (ii) condition B and another condition were cited in that preliminary notice, but the child’s parent has satisfied the local authority that the child is receiving suitable education, (b) the local authority is no longer conducting enquiries or taking action in respect of the child as mentioned in section 436H(5)(a), and (c) the local authority is not aware of any other enquiries being made under section 47 of the Children Act 1989 or of any other action being taken under section 47(8) of that Act, or which has been taken during the period of five years ending with the date that the order would be made, in respect of the child. (3) For the purpose of determining whether an order must be served under this section in respect of a child, the local authority— (a) must consider the settings where the child is being educated that the local authority knows about and where the child lives, (b) must consider how the child is being educated and what the child is learning, so far as is relevant in the particular case, and (c) may request the child’s parent on whom the preliminary notice has been served under section 436H to allow the local authority to visit the child inside any of the homes in which the child lives. (4) If a request under subsection (3)(c) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in deciding whether the child’s parent has failed to satisfy the local authority as mentioned in subsection (1)(b)(i) or (ii). (5) An order under this section (a “school attendance order”) is an order requiring the person on whom it is served to cause the child to become a registered pupil at a school named in the order. (6) A school attendance order under this section— (a) must be served without delay, and in any event before the end of the period of five days beginning with the day on which the authority determines which school is to be named in the order, and (b) must be in the prescribed form. (7) A school attendance order under this section continues in force (subject to any amendment made by the local authority) for so long as the child is of compulsory school age, unless— (a) it is revoked by the authority, or (b) a direction is made in respect of it under section 436Q(6) or 447(5). (8) Where a maintained school is named in a school attendance order under this section— (a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the governing body and the head teacher, and (b) the governing body and the local authority must admit the child to the school. (9) Where an Academy school or alternative provision Academy is named in a school attendance order under this section— (a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the proprietor and the principal, and (b) the proprietor must admit the child to the school. (10) Subsections (8) and (9) do not affect any power to exclude from a school a pupil who is already a registered pupil there.

436S References to “regulations” and “prescribed”

(1) In sections 436B(6), 436C(4) and 436E(7) “regulations” means— (a) regulations made by the Secretary of State in relation to England, and (b) regulations made by the Welsh Ministers in relation to Wales. (2) In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means— (a) prescribed by regulations made by the Secretary of State in relation to England, and (b) prescribed by regulations made by the Welsh Ministers in relation to Wales.

436T Processing of information

(1) This section applies to section 434A, sections 436B to 436Q and Schedule 31A, and provisions of regulations made under any of those provisions. (2) A disclosure of information authorised or required under any provision to which this section applies does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed).

437 School attendance orders.

(1) If it appears to a local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education. (2) That period shall not be less than 15 days beginning with the day on which the notice is served. (3) If— (a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local authority, within the period specified in the notice, that the child is receiving suitable education, and (b) in the opinion of the authority it is expedient that the child should attend school, the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order. (4) A school attendance order shall (subject to any amendment made by the local authority) continue in force for so long as the child is of compulsory school age, unless— (a) it is revoked by the authority, or (b) a direction is made in respect of it under section 443(2) or 447(5). (5) Where a maintained . . . school is named in a school attendance order, the local authority shall inform the governing body and the head teacher. (6) Where a maintained . . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local authority) shall admit the child to the school. (7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there. (8) In this Chapter— “maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and ...

438 Choice of school: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.

(1) This section applies where a local authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (in the case of a local authority in Wales). (2) Before serving the order, the authority shall serve on the parent a notice in writing— (a) informing him of their intention to serve the order, (b) specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and (c) stating the effect of subsections (3) to (6). (3) If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order. (4) If— (a) within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and (b) the child is offered a place at the school as a result of the application, that school shall be named in the order. (5) If— (a) within the period mentioned in subsection (3), the parent applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, and (b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 517, [(b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,] that school shall be named in the order. (6) If, within the period mentioned in subsection (3)— (a) the parent— (i) applies for the child to be admitted to a school which is not maintained by a local authority ..., and in respect of which no application is made under subsection (5), and (ii) notifies the local authority by whom the notice was served of the application, (b) the child is offered a place at the school as a result of the application, and (c) the school is suitable to his age, ability and aptitude and to any special educational needs he may have — (i) (in the case of a local authority in England) any special educational needs the child may have, or (ii) (in the case of a local authority in Wales) any additional learning needs the child may have, that school shall be named in the order.

439 Specification of schools in notices under section 438(2).

(1) Subject to subsection (3), a local authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school. (2) This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)) as the number of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted. (3) Subsection (1) does not prevent a local authority specifying in a notice under section 438(2) any maintained . . . school if— (a) there is no maintained . . . school in their area which— (i) the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and (ii) is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and (b) in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned. (4) A local authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded. (4A) A local authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section. (5) Before deciding to specify a particular maintained . . . school in a notice under section 438(2) a local authority shall consult— (a) the governing body, and (b) if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority. (6) Where a local authority decide to specify a particular maintained . . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on— (a) the governing body and head teacher of the school, and (b) if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority. (7) A governing body or local authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the local authority which served the notice. (8) Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.

440 Amendment of order at request of parent: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.

(1) This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local authority maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (in the case of a local authority in Wales). (2) If at any time— (a) the parent applies for the child to be admitted to a school maintained by a local authority . . . which is different from the school named in the order, (b) the child is offered a place at the school as a result of the application, and (c) the parent requests the local authority by whom the order was served to amend it by substituting that school for the one currently named, the authority shall comply with the request. (3) If at any time— (a) the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local authority and which is different from the school named in the order, (b) the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school, and (c) the parent requests the authority to amend the order by substituting that school for the one currently named, the authority shall comply with the request. (4) If at any time— (a) the parent applies for the child to be admitted to a school which is not maintained by a local authority . . . , which is different from the school named in the order and in respect of which no application is made under subsection (3), (b) as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have — (i) (in the case of a local authority in England) any special educational needs the child may have, or (ii) (in the case of a local authority in Wales) any additional learning needs the child may have, and (c) the parent requests the authority to amend the order by substituting that school for the one currently named, the authority shall comply with the request.

441 Choice of school: child with EHC plan or statement of special educational needs.

(1) Subsections (2) and (3) apply where a local authority in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales). (2) Where the EHC plan or statement specifies the name of a school, that school shall be named in the order. (3) Where the EHC plan or statement does not specify the name of a school— (a) the authority shall, . . . , amend the EHC plan or statement so that it specifies the name of a school, and (b) that school shall then be named in the order. (3A) An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule). (3B) An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly. (4) Where— (a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan or a statement under section 324, and (b) the name of the school specified in the plan or statement is changed, the local authority shall amend the order accordingly.

441A Choice of school: child with individual development plan which names a school

(1) Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order. (2) Where— (a) a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and (b) the name of the school specified in the plan is changed, the local authority must amend the order accordingly. (3) Where— (a) a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and (b) an individual development plan in which a particular school is named begins to be maintained for the child, the local authority must amend the order accordingly.

442 Revocation of order at request of parent.

(1) This section applies where a school attendance order is in force in respect of a child. (2) If at any time the parent applies to the local authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school. (3) If a parent is aggrieved by a refusal of the local authority to comply with a request under subsection (2), he may refer the question to the Secretary of State. (4) Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit. (5) Where the child in question is one for whom the authority maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)— (a) subsections (2) to (4) do not apply if the name of a school or other institution is specified in the EHC plan or the statement, and (b) in any other case a direction under subsection (4) may require the authority to make such amendments in the plan or the statement as the Secretary of State considers necessary or expedient in consequence of his determination. (6) Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority— (a) subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and (b) in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.

443 Offence: failure to comply with school attendance order.

(1) If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school. (2) If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force. (3) A direction under subsection (2) does not affect the duty of the local authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so. (4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

444 Offence: failure to secure regular attendance at school of registered pupil.

(1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence. (1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails ... to cause him to do so, he is guilty of an offence. (1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school. (2) Subsections (2A) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil. (2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause. (3) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school— (a) with leave, or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) on any day exclusively set apart for religious observance by the religious body to which his parent belongs. (3A) Subsections (3B) and (3D) apply where the child's home is in England. (3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that— (a) the local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or (b) the local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty. (3C) For the purposes of subsection (3B)— (a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and (b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C. (3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves— (a) that the school is not within walking distance of the child's home, (b) that no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and (c) that no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home. (3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B). (3F) Subsection (4) applies where the child's home is in Wales. (4) The child is not to be taken to have failed to attend regularly at the school if the parent proves that the local authority have failed to discharge— (a) a duty to make transport arrangements in relation to the child under section 3 of the Learner Travel (Wales) Measure 2008, or (b) a duty to make travel arrangements in relation to the child under section 4 of that Measure. (5) In subsection (3D) “walking distance”— (a) in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and (b) in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles), in each case measured by the nearest available route. (6) If it is proved that the child has no fixed abode, subsections (3B), (3D) and (4) shall not apply, but it is a defence for the parent to prove — (a) that he is engaged in a trade or business of such a nature as to require him to travel from place to place, (b) that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and (c) if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted. (7) In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term unless the parent proves that at that time the child was prevented from being present by reason of sickness or any unavoidable cause. (7A) Where— (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is— (i) a maintained school, (ii) a pupil referral unit, (iii) an Academy school, (iiia) an alternative provision Academy, (iv) a city technology college, or (v) a city college for the technology of the arts, (b) he remains for the time being a registered pupil at the school, (c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and (d) notice in writing of the arrangements has been given to the child's parent, the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate. (7B) In subsection (7A)(c) “the appropriate authority” means— (a) in relation to a maintained school, the governing body of the school, (b) in relation to a pupil referral unit, the local authority, and (c) in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school. (8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (8A) A person guilty of an offence under subsection (1A) is liable on summary conviction— (a) to a fine not exceeding level 4 on the standard scale, or (b) to imprisonment for a term not exceeding three months, or both. (8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence. (9) In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

444ZA Application of section 444 to alternative educational provision

(1) Where, in the case of a child of compulsory school age who is not a registered pupil at any school— (a) a local authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and (b) notice in writing of the arrangements has been given to the child's parent, subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school. (1A) Where— (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England, (b) the child remains for the time being a registered pupil at the school, (c) the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child's home during the period of exclusion, and (d) notice in writing of the arrangements has been given to the child's parent, subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case). (1B) Where— (a) a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and (b) notice in writing of the requirement has been given to the child's parent, subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)). (1C) Subsection (1B) does not apply if— (a) the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and (b) the child is a registered pupil at that other school. (1D) In relation to a maintained school , a pupil referral unit or an Academy— (a) references in subsection (1A) to exclusion are references to exclusion under section 51A of the Education Act 2002, and (b) the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act, For provision about the application of sections 29A and 51A of the Education Act 2002 in relation to Academies, see sections 29A(5) and 51A(12) of that Act. (2) Where— (a) a child of compulsory school age has been excluded from a relevant school in Wales, (b) he remains for the time being a registered pupil at the school, (c) he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and (d) notice in writing of the requirement has been given to the child's parent, subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)). (3) In relation to a maintained school or a pupil referral unit— (a) the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and (b) the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act. (4) A child shall not be taken to have failed to attend regularly— (a) in a case falling within subsection (1) or (1A), at the place at which education is provided for him, or (b) in a case falling within subsection (1B) or (2), at the place at which he is required to attend, unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d). (5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d) from being given to a child's parent by any other effective method. (6) In proceedings for an offence under section 444 in a case falling within subsection (1) or (1A) of this section, it is a defence for the parent to prove that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1) or (1A). (7) In section 444 “leave”— (a) in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the local authority; (aa) in relation to a place at which education is provided as mentioned in subsection (1B)(a) or (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school; (b) in relation to a place at which a child is required to attend as mentioned in subsection (1B)(a) or (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school. (8) In this section— (a) “relevant school” means— (i) a maintained school, (ii) a pupil referral unit, (iii) an Academy school, (iiia) an alternative provision Academy, (iv) a city technology college, or (v) a city college for the technology of the arts; (b) “appropriate authority” means— (i) in relation to a maintained school, the governing body, (ii) in relation to a pupil referral unit, the local authority, and (iii) in relation to a school falling within paragraph (a)(iii),(iiia), (iv) or (v), the proprietor of the school.

444A Penalty notice in respect of failure to secure regular attendance at school of registered pupil

(1) Where an authorised officer has reason to believe— (a) that a person has committed an offence under section 444(1), and (b) that the offence relates— (i) to a relevant school ... (ii) in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local authority ... (iii) in a case falling within subsection (1A) of that section, to a place at which education is provided for a child in the circumstances mentioned in that subsection, or (iv) in a case falling within subsection (1B) of that section, to a place at which a child is required to attend in the circumstances mentioned in that subsection, he may give the person a penalty notice in respect of the offence. (2) A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice. (3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed. (4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice. (5) Penalties under this section shall be payable to local authorities ... (6) Sums received by a local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

444B Penalty notices: supplemental

(1) Regulations may make— (a) provision as to the form and content of penalty notices, (b) provision as to the monetary amount of any penalty and the time by which it is to be paid, (c) provision for determining the local authority to which a penalty is payable, (d) provision as to the methods by which penalties may be paid, (e) provision as to the records which are to be kept in relation to penalty notices, (f) provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices, (g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices, (h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including— (i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and (ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances), (i) provision for a certificate— (i) purporting to be signed by or on behalf of a prescribed person, and (ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate, to be received in evidence of the matters so stated, (j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice, (k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices, (l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient. (2) Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid). (3) Local authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices. (4) In this section and section 444A— “authorised officer” means— a constable, an officer of a local authority ... who is authorised by the authority to give penalty notices, or an authorised staff member, “authorised staff member” means— a head teacher of a relevant school ..., or a member of the staff of a relevant school ... who is authorised by the head teacher of the school to give penalty notices, “penalty” means a penalty under a penalty notice, “penalty notice” has the meaning given by section 444A(2), “relevant school” means— a maintained school, a pupil referral unit, an Academy school, an alternative provision Academy, a city technology college, or a city college for the technology of the arts.

445 Presumption of age.

(1) This section applies for the purposes of any proceedings for an offence under section 443 or 444. (2) In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary. (3) Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.